what went wrong? is there a chance it could get fixed any time soon? >> plus the latest on that bizarre story out of north carolina. a carnival ride nungsed. now the ride operator has been arrested accused of tampering with the safety mechanism. was he deliberately trying to hurt riders? we'll get into it. also, overnight, dr. conrad murray, the doctor accused in the michael jackson case, was released from prison. now the big question, will he be allowed to practice medicine again? plus, new information on the u.s. spying on its allies. the u.s. was snooping on dozens of leaders, including angela merkel. but the spying stopped after the white house became aware. jim is in washington with more on the story. what do we know? >> reporter: well, chris, a very busy weekend.

the "wall street journal" reporting the president was unaware of this under surveillance until this summer. a second report in germany saying the president wasn't aware of the spying on germany, going back to 2010. something the white house vehemently denies. the white house is scrambling with the series of accusations coming out every day. we did get new details over the weekend and overnight about a review the president has ordered of the under surveillance payne capabilities. the national security council telling us when it comes to our closest foreign partners and allies, they're starting two new groups. a president's review group on communication and technology, a separate review board on civil liberties. the white house in effect acknowledging overreach here. every day it makes a move, there are new revelation, including about spying on some of our closest allies. the newest edward snowden documents reveal more spying on america's closest allies. spain reports the nsa listened

in on 60 million phone calls in a single month. in germany, the newspaper records, president obama was briefed by nsa chief keith alexander about spying on angela merkel's calls. the nsa quickly denied the report telling cnn general sander did not discuss with president obama in 2010 an alleged foreign intelligence operation involving german chancellor merkel, nor has he ever discussed alleged operations involving murkle. the nsa says the willingness up to now to deny present and future monitoring. >> i can tell you the president can assure the chancellor, the sungs not and will not 3407b tore the conversations of the chancellor. >> reporter: they are coming to the u.s. to challenge their american counterparts, after breaking quote german law on

german soil. house chairman rodgers defended the nsa under surveillance on cnn sunday saying it was both well regulated and essential to keeping both americans and europeans safe from terrorism. >> i think the biggest story here, candy, if the united states intelligence services weren't trying to collect information with u.s. interests home and abroad. >> reporter: the no. 2, former number two n.cia, mike burrell on "60 minutes" calling this the most serious classified information in the history of the u.s. intelligence community. kate, we can expect more revelations coming out over the coming days and weeks and more scrambling and the administration to respond. >> it shows for the signs of slowing down now. thank you for starting us off. another big story in walk. pressure is mounting against health and human services secretary kathlene sebelius as

yet another setback hits the obama care website. its data center crashed sunday, stopping enrollment in all 50 states, cnn's athena jones is following the development in the white house this morning. have they figured out what went wrong here? >> good morning, kate, it's a website crash. i can tell you the man that the president put in charge of fixing health care, says it will be running smoothly by the end of november. fought befo not before another major meltdown because of this crash. absolutely no one was able to sign up for health care. another major stumble for the problem riddled website healthcare.gov. >> it's better today than it was on october 1st, but it's a long way from perfect. >> visitors to the site late sunday couldn't apply for health care coverage a. vendor for verizon, the website data services hub quote experienced a failure in a networking component that component

connects healthcare.gov to determine eligible. the company says they're working to fix the problem. >> what you are seeing here is a gap in an no innovation and execution. >> reporter: plagued with ridicule upon late night tv. >> the site was only designed to hand him six users at a time. >> reporter: mocking kooth loan super bowlious. >> consider using our low res website with simpler fonts and graphics. >> reporter: responsible for overseeing the implementation, the pressure isn't letting up. >> she's already as of "saturday night live," the laughing stock of america. so she's lost considerable credibility. >> reporter: they marched the extension of the march 31th enrollment deadline. >> so we can get many people able to enroll and be covered. >> reporter: the administration says that mandate won't change.

>> we are way still early in the process. >> reporter: the president promising. >> we got people working overtime 24/7 to boost capacity and address these problems every single day. >> reporter: now, we expect secretary sebelius will get a lot of tough questions about this problem and others when she testifies before congress on wednesday. that's the same day the president heads to boston to promote obama care. chris. kate. >> all right, athena, thank you. all right, let's get to mikaela, leading the headline, dr. conrad murray out of jail? >> back in the headlines. it seems like it was short time ago. michael jackson's doctor a free man. dr. conrad murray leaving jail a minute after midnight los angeles time. he was convicted of involuntary manslaughter. he served two years in jail. his lawyer says he will try to get murray's license, medical

license reinstated so he can once again treat patients. israel hitting north gaz sarks apparently aimed at rockets fired on southern israel. both rockets caused no damage or injuries. it's unclear two fired the rockets. israel says it blames hamas, which controls that palestinian territory. a man in his 70s detained at the airport in montreal, canada after a suspicious item was found in his luggage bound for l.a. police say it wasn't an explosive, rather a part of a potential device. they say they know the man who was detained not because of anything related to terrorism. nearly a year after hurricane sandy tore through new jersey and new york, parts of a key landmark set to reopen today. parts of ellis island will be opened. visitors will be welcomed back to the halls of the immigrant wall of honor, the immigration museum will remain closed through the spring while a new

electric am system is installed. remembrances continue to pour in for legendary rock pioneer lou reed dead at the age of 71. he was a founding member of the velvet underground sunday is widely credited with changing the landscape in the '70s. he wrote and recorded dozens and dozens of songs in his tremendous career. we'll talk more about that coming up. what a tremendous career when you think of all the influences. we'll get into it. >> and he was young, a loss on many levels. >> 71. yeah. >> thanks, mikaela. let's go straight over to ingrid petersen for a look at the temperatures. >> temperatures are bounding up to the 60s. above average. the average is typically in the upper 50s right now. this is only going to last one day, though. we have another cold front swinging through the northeast. it will bring it down for tuesday and wednesday. we are going to have a pattern

shift. there is good news behind it. we will see warm conditions for the eastern half of the country. the cooler air switches. we are watching a very big system now producing snow and lots of snow a. good 18 inches in through montana today. no blizzard conditions, strong wind and heavy snow extending all the way in through california. that's the big story today t. reason this is so important, this is the system that will make it across the country, eventually bringing rain to the northeast. -highs, rapid city, billings, 57. the reason this matters, we have warm conditions down to the south. temperatures above normal. the pacific northwest. you put those two together. of course, you have that severe weather threat. in kansas, we are looking for a threat of an isolated tornado, painly large winds and hail out there. the bigger story. this makes its way across the country. we are talking about making the halloween costumes, rain and wind it looks like for halloween

here. >> modifying the costume. thanks, so much. a frantic search is on, four men, they crawled out -- their way out of an oklahoma jail. how they did it, it sure sounds like something out of a movie. we'll have that ahead. another dangerous carnival incident. this time at the state fair. this time an arrest. what police learned about tampering with safety equipment that may shed light on this accident and others coming up. zplmplts honks ] [ male announcer ] once in a while, everything falls into perfect harmony. [ engine revs ] and you find yourself in exactly the right place at the right time. just be sure you're in the right car when it happens. the 2014 c-class sports sedan. power, performance and style in total alignment. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services.

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. >> there is an intense manhunt going on in oklahoma right now. four inmates made a daring

escape early sunday morning from a county jail. they slipped out through a trapped door above the shower. it sound like the shaw shank redemption, right? this is all too real. george howl is live in oklahoma with the latest. george, what do we know? >> reporter: chris, good morning. these inmates, we know they were being held here at this detention center to be shipped off to a state prison in oklahoma. clearly, they had plans of their own, a secret plan and literally slipped through the cracks. a desperate search is under way for four inmates after they escaped sunday morning from this detention center in oklahoma about an hour outside oklahoma city. their names dillan threeiron, anthony mendasa, chris cheadle, they are dangerous. >> any time say break out of

prison, they are armed. you think they might be. we don't know what they picked up after. >> reporter: each man was sentenced on criminal charges ranging from burglary to meth possession and parole violation the details of their spectacular jail break read like a film script, a real life shaw shank redemption. officials say the men busted through a maintenance hatch above the shower in the jail. they crawled through a pipe space beneath the roof where the air-conditioning and plumbing are located. then they knocked out a cement block to get them to another room. >> that took them to an unlocked side door with i they simply pushed opened to their freedom. >> we have officers checking abandoned vehicles, checking the residence where they might have relatives living. we're doing that right now. >> reporter: sheriff gene cain says the authorities only realized the escape after they were tipped off by someone

watching them walking near the courthouse in their orange jump suits. >> we did a headcount and found out we had four men missing. >> reporter: the men later ditched the jumpsuits. there is no sign of them. >> i hope they're not at my house when i get back. you prepare yourself. i'm a gun owner. i have been all my life. >> reporter: so this detention center, we know it was built two years ago and according to officials, the maintenance doors, they were supposed to be sealed shut. clearly, they weren't. at this point, investigators say they have no new leads to where these men are. they are asking for help. you see these pictures. if have you any information, they are asking you contact them to help track them down. kate. >> absolutely. all right, george, thank you for that this morning. a terrifying ride, five people injured at a state fair in north carolina. now a carnival operator is facing charges he tampered with the safety mechanisms.

cnn's elena machiado is there. good morning. >> reporter: good morning, the 46-year-old operator was one of the people hurt here. they believe he did something to the ride's safety devices that caused it to malfunction. >> we're at the state fair and the ride came upsidedown and dumped people out. there's people who are bleeding really bad. >> reporter: a terrifying scene on a state fair ride. this morning the operator is behind bars charged with three counts of felony assault with a deadly weapon. >> this ride was tampered with after the im inspection and that critical safety devices were tampered with and compromised. >> reporter: authorities aren't releasing sprefk details about the alleged tampering. they say this is a criminal vechlths his attorney says his client is distraught and devastated by what happened.

witnesses say the vortex ride had stopped and people were getting off it thursday when it suddenly restarted. >> the ride broke loose and five people fell straight from the sky. 20 feet drop. >> reporter: three remain in the hospital t. victims include family members between the ages of 14 and 39. >> it makes me mad to think that anybody would put people's safety in danger leak they have and i'm not mad. i'm furious. >> reporter: the company that owns the ride released a statement saying, in part, it has never before experienced an incident with any of its rides like this one. the company purchased the vortex earlier this year. the spokesperson says he has been operating it since then. now, tuttero is being held on a $225,000 bond. he is scheduled to go before a judge in just a few hours. authorities say their investigation is ongoing. they also have not ruled out the possibility of more arrests. chris.

kate. >> all right. much more follow up on this. the question is intent. whereas he really tampering with it? lots of questions. thanks so much. coming up next on "new day," startingrling reports on the scale of the national security spy programs. how far did they go and when did the president find out about them? our political gut check is coming up. >> controversy at the world series. two games in a row settled by bizarre plays. one a call by the umpire may never have been made before t. controversy when we come back. when our little girl was born, we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family.

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>> welcome back to "new day." time for our political gut check. new this morning, government officials tell the "wall street journal" the nsa was tapping the phones of 35 world leaders. officials say the white house ordered an end to the program once it became known and also the president wasn't briefed. the president didn't foe about these tasks. cnn senior political analyst and editorial journal ron brown seen here to break it down for us. ron, it seems another day, another intelligence leak continues to come out. it's really plaguing the administration at this point. more and more of these intelligence leaks. what do you think the fallout is? maybe it's hard to say at this point because we're in the middle of it. >> no, look, it's a mess. i think that's clear. it's going to continue to be a mess as it goes forward. first of all, edward snowden is probably passing daniel elsberg and the pentagon papers as the consequential leak of classification in modern

american history. look, this is something, you you don't know whether they're telling the truth or not telling the truth. you don't know if it's worth it for the president if he is not aware this was going on or he was aware and allowed it to continue. right now they are saying, of course, he was not briefed. angela merkel, the german chancellor has been furious, growing up in a society where there was a tremendous amount of under surveillance, obviously, a personal issue for her as well. look, it will be a diplomatic. i talked to someone last night in the administration. it is a mess everywhere this is arising. >> does the administration think at some point. the president needs to speak out about this inherently? it's a difficult thing to do. with so much coming out publicly, i don't know, is it reaching a tipping point? >> you know, they have as the "wall street journal" story notes this morning, they have an extensive review process of the nsa procedures under way. obviously, we have a domestic

issue as well as a foreign issue in the wake of the snowden revelation. i think at some point, the president has talked about a rebalancing between security and personal liberty, you know, trying to move away from a permanent war time footing post-9-11. i think at some point he's going to have to address this more directly for both audiences. certainly, this review they have under way seems like the venue to do that. >> it looks like a good pointment back here at home, this week, secretary intelliious will be testifying about the fiasco and rollout of obama care. we now have administration word that they don't think it will be fully fixed until the end of november and another crash last night. what kind of week is this going to be for them? >> you know, it is look this is just astonishing a failure. you know, the president understood in his second term he was unlikely to get much done legislatively with the republican congress and the key to higgs legacy was making this

work, probably the most consequential expansion of their safety net since medicare and medicaid. by all indication, he was monitoring this process and yet we have had just this spectacular failure. whether how much this ultimately affects the long term viability of the program the experience in massachusetts, which is the model is signup was very much back loaded towards the end toward the deadline. so if they get this together, eventually, they can put it back on track. you know, the real risk here is when the website doesn't work, the people who will find their way through it, sit there for hours and hours are people who are sick who need insurance badly. the problem is the system needs a lot of young healthy people for whom this may be kind of less urgent to sit and fight your way through f. you don't get them to seen up the risk pool becomes unbalanced. premiums go up next year t. whole thing downward spirals. stay there to get this done.

it is not a political problem. it is a substantive problem to the core work of the program. >> it makes you wonder, what kind of good, what kind of health can secretary intelliious offer to testify today? a lot opolitical theatre and wanting to roast her. >> you would say in a different political environment someone is going to have to take the blame for this and the secretary would be the most likely person. the problem is, if the president replaced her in this environment, how difficult would it be to get anyone confirmed through the senate, vir cull certainty of republican filibuster, an opportunity to use this as kind of a way to lever annual more concessions from the administration. i think that is probably in the back of their mind. what you are seeing is understandably a lot of democrats nervous about the sign-up period, in particular, and whether it has to be extended. if people can't get through the website to boy the insurance, the idea of finding them, even though it's a fairly individual find for not having it becomes

absurd. >> thanks, so much. all eyes will be on wednesday when the secretary does testify. that's for sure. let's go over to mikaela for all the stories making headlines right now. >> good morning to you at home, a somber day, massachusetts, a funeral mass will be held for colleen ritzer, the massachusetts teacher allegedly killed by a student. hundreds lining the streets in andover sunday to attend the wake for the 24 hour-year-old teacher. police say she was killed inside a school bathroom before her body was dumped on tuesday. 14-year-old chill lip chisholm has pleaded not guilty. sunday, in a separate car bombing targeting soldiers in the northern city of mosul. all told, at least 60 people were killed. a mother and her children stabbed in her brooke len apartment. the children range in age from 1 to 9-years-old.

they arrest the cousin of the father t. suspect is an immigrant from china. police say he had been staying with the victims. more trouble for chris brown. he and his body guard charged with felony assault in washington for allegedly trying to punch a man who tried to take a picture with the singer. brown is on probation for domestic violence. any arrest could be considered a violation, which could pine jail time. the victim was treated for a bruised jaw and swollen face. a foods recall to tell you about this morning, all because of a possible listeria contamination. it involves taylor farms broccoli salad and law is. the -- and slaw. they were sold in connecticut, delaware, maryland, new jersey, new york and vermont. so far, for the reports of anyone getting sick. i was just thinking of that, reviseing my plan. >> i think so. >> a different dressing is the key, i guess.

>> right. until we find out more. we always put this news out. >> better to be safe than sorry. >> we'll tell you as well. coming up on "new day. request itself the destruction, what was that? was at this time light call? it cost the sox the game saturday night. we'll tell you about it. >> ahead, remembering the ledge endary rocker and founding member of the velvet underground, how did his songs change music forever? lots to talk about. i'm tony siragusa and i'm training guys who leak a little,

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. >> welcome back to "new day."

indra, what's the latest? >> we are definitely talking about a cold front starting to make its way across the country again. not a lot of rain with this. temperatures finally feel like they're moderating? no, we're getting a hint of average, tuesday, wednesday, boston will be a good 10 degrees below average. that's the first half of the week. by the second half of the week, all this warm air will make its way up. look at these temperatures, almost a good 10 degrees above formal in the southeast. that's what we will start feeling as that warm air makes it to the northeast. instead, we will see that cold air slip into the northwest. they are dealing with heavy snow, montana, wyoming, up to 18 inches of snow in montana showers in the west coast and california today. that will be the system that will make its way across the country by wednesday, looking for severe weather on the plains. by the end of the week, we will be talking about into the northeast, yes, some rain for halloween. more importantly, we have the

rain. boston looking at a temperature of 61 degrees. 7:00 central. i keep saying earlier, do we go with burman here? do we want them to win? >> it's right here. >> they can look you in the eyes. >> you don't know why it's a question either. >> of course, are you on my side. they're on those sides. there are no sides, there is only controversy. why this year's world series? it's good. two power houses playing well. games ending with shocking endings that spark controversy. a witness last night. a kickoff at 1st base to end the game. did the guy make the tackle? i don't know, we'll talk about it. it is this play from saturday that will be debated for years to come. the third baseman, obstructing the runner. the rulebook says, yes, cost the sox the game. was it right? let's bring in rachel nichols the host of unguarded wit, raven el nichols. "early start" anchor, not john

berman the die hard red sox fan, hello to both of you. let's begin with last night. we'll do it in the order of occurrence. do you think you made the tag at first? >> i think it's the first world series game to end an obstruction call t. best part about that is you have no idea what will happen to me. >> notice my body language is not changing? down you made the tag? >> i think it's okay. >> i think no one thinks he made the tag. >> it's a controversy. >> you are asking the wrong question. >> you would co it be the uninitiated? maybe i don't watch major leak baseball all the time. why is the call from saturday to controversial? >> because intention is not the issue. he said he didn't mean to do it. >> that doesn't matter. it's in the rulebook. the reason why people are so upset about that is that he fell making the play. so people said, what was he supposed to do? he was going for the ball.

then he was in the way. so the question is, what was he supposed to do with himself? and the answer is, it doesn't matter. he got in the way. people say he needs to change the rules. the umpires did follow the rules. >> i can speak on behalf of the outrage. >> you see the lighting on that. you were spoking about an issue that does not matter. it has no effect. being in the pace pack, it didn't matter. he was there. the minute the ball went by him there, he was obstructing the runner and the man scored. >> i'm saying if he's going to play the victim the way fans like to play the guy had his legs up from the fact is honus is on him to get out of the way. >> yes. >> but there was no way to get out of the way. it was the correct ball. it is a rule without nuance. they definitely made the right call. >> it's like the tough rule. put as fans, football fans. we all remember, the put as advance to the playoffs in 2001 against the raiders, tom brady,

they called it not a fumble. the reves made the right call then, just like they made the call saturday night t. rule may not cover everything and change the yauch roll. they called to determie a game. that's what makes something a controversy. >> here's the question. in the nba, you may notice towards the end of every nba finals game, travel doesn't exist. the idea is just one play. nobody wants if game decided by a referee. there is a move here of saying, hey, how come these umpires are deciding the game. certainly in game three. the answer is in baseball, it's a much different culture. everything is regulated. every secretary general -- >> two things, saturday night a game is never ended that way in a world series. and another thing, though, those were two big play, listen, this is the way it is, there were two plays at the end of those games that were absolutely

historically ethically bad decisions by players. home plate. never made the three to third. >> such a bad move. >> colton long getting picked off 1st base. >> that runner doesn't matter. >> i want you to zoom in on the john berman. i never seen it. i'm concerned we might need to get botox in there. are you wearing it on your face. >> there is no sleep. >> it's a great series. >> this conversation obstructs the point that there is some great stuff happening. before the controversial ending of last night's game, you had a great hero moment. johnny gomes, who was not supposed to be there. he wasn't even supposed to be playing. 90 minutes before the game finds out that another player is injured. he's going to be able to start. hoo tess guy his manager always says, what john if i gives us is way beyond the numbers. usually, he doesn't give us numbers. last night, they were giving us

numbers. he hit this amazing home run. just before that, all of the players on the field have come and done a presentation about standing up to cancer. they held cars saying who they were standing up to cancer before. he held up the name of his coaches along with a young girl from massachusetts. he said it inspired me. how much do you love that story in come on? >> guaranteed, everybody will be watching this game. >> you see it in the ratings. the ratings are going up. you can watch. >> thanks,. >> i'm concerned, generally. >> thank you very much. >> thank you. >> good luck. big game tonight, j.b. i can't wait to tweet you. be sure to catch rachel's show unguarded with raven el nichols friday nights 10:30 p.m. eastern time. coming up next on "new day," he changed music forever, setting the stage for rock and punk for generations to come. it was a nod to our

anchorman. be careful when you are showing off a prize catch, someone else might want it a little more than you do. wait for it. it's your must see. . we'll zee show it to you after the break. .

. >> a major trial going on today in a case involving hacking celebrities. >> reporter: the chief executive and andy corazon former news of the world editor, both accused

of hacking voice males, both accused of conspireing to commit misconduct. since allegations of wrongdoing first surfaced in 2001 the cases rocked the british establishment. the trial is expected to last for months and all eight have denied the charges against them. back to you, kate. >> max, thank you so much for that. the southwestern part of england is being hit with its worst storm in recent memory. >> reporter: lots of rain and gale force winds kept residents awake into the small hours of the morning. wind speeds recorded as strong as 93 miles per hour in some parts and this morning, commuters having a tough time getting to work with the road closures, rail delays, flight cancellations at heathrow and gatwick. 40,000 homes without power this morning. as can you see, storms pretty much passed in this part of the country. now the priority of cleaning up the debris and getting people to

work. back to you, kate. >> thank you so much for that. there was a scary crash in one of china's most well known attractions in tiananmen square. >> there is a heavy police presence here. there normally is. apparently, this car drove up from this road down this way crashed through a barricade. you see the pictures of this suv of some kind burst into flames, right outside the entrance to the forbiden city opposite tiananmen square. this area is possibly one of the most sensitive in china. right now you can look and see there are no tourists in this area. normally, it is absolutely jam packed. >> all right. david, thank you so much for that. well, the music world is remembering a legend this morning. lou reed, rock 'n' roll pioneer, a member of the velvet underground died this morning at the age of 71.

his death prompted reaction from all over, including russell simmons who said, quote, new york lost one of our greatest gifts today, aerosmith steven tyler called steven green, a great friend, you made the world sing. here to talk about lou reed's legacy is simon bosick levinson the senior editor at rolling stone magazine. good morning to you. thank you for coming and joining us on "new day." you are looking at a tremendous legacy t. guy experimented with sound. he involved lyrics of taboo talking of the day t. influence that he weighed over music was incredibly profound. >> that's true. lou reed was one of the most influential figures in rock mouvg. he was a revolutionary. he refoused to compromise. he made art on his own terms. >> he didn't care about the commercial success, either, did he? >> that's true. he constantly challenged

conventions, whether experimenting with the guitar and with reggae when it was taboo. >> why is he influential? where do you see his influence? >> you see his influence on people that were influenced like patty smith, rem, the strokes:you can see his influence on virtually anyone considered indy rock, punk rock the way he did tee-shirt challenges and things in different ways. >> he transcended music. one of the things that set lou reed apart, he was very politically active is he was more than music. steven tyler in his tweet referenced max us. it was a salon effect. it was a bar in new york city artists made into an idea factory. a lot of partying as well. lou transcended music. he would often say the music has to mean something. when it stops meaning something. when it's just about entertainment, it loses its value and becomes a commodity.

that's rare. that's rare. >> that's true. lou reed was an activist and an artist. he was close to andy warhol in the early part of his career. he was one of the first examples that showed rock music and high art can be one in the same. >> the longevity, not just of his musical career the philanthropy, the activism until recent days. i understand he was a big fan of our guy, of kenye. >> that's right. >> it's interesting, it's such a juxtaposition. but not. >> he wrote recently why he loved kenye latest albumment kenye is someone that challenges convention, does things in his own way. i think lou reed found a kindred spirit there. >> was he in failing health for a period of time, do we know? >> he had a liver transplant this may. he published that kenye west

review a couple months ago. this is aern certainly a surprise and a shock. >> it was great for you to join us, remembering a legend. you can see how his influence will still be felt in music. simon bosick levinson senior editor, got up early for us. >> love it. >> you need an all niert. >> some sources say, thanks, simon. all right, let's talk about our must see moment. my friend, this is no fishtail. we will show you a couple of guys, showing off the catch. no idea what's about to happen? that did not happen? it sure did. >> that is a swindling sea lion poncho. two professional ferbermen apparently filming an episode of "chef on the water." poncho went in and made off with

a beautiful mahi-mahi. i never seen one except on the plate. they're beautiful. >> did that seal grab the tail you think and avoid the hand? >> yes. >> i don't know if it was on purpose. >> i don't know why. >> the other guy is like, are you not sharing. >> this is all me. >> he might have lost his ice cream cone. exactly. >> first, he was angry, then he was like, wow, did you see the size of that thing, it could have pulled me in. >> i can't believe they have that vivid. >> they have a weird bioluminesce thing, they shimmer. mahi-mahi. coming up, the white house amid the latest accusations of twier i wiretapping. dozens of world leaders being monitored. what does the president know?

one provocative question. we will have the latest. another football player is tied up in the investigation of aaron hernandez, what do prosecutors want to know from him? 1ñp this is the quicksilver cash back card from capital one. it's not the "juggle a bunch of rotating categories" card.

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helpful websites such as kayak.com where you can purchase airline tickets to canada and buy cheaper prescription drugs. >> it was funny. it was funny. people may not like the message, but it was funny. listen to this one. are we watching football? i hope so. lion's wide receiver calvin johnson, he is known as megatoronto. he can transfer games. 329 receiving gives the cowboys the second greatest game by a receiver. let's bring in andy schultz to talk about it. it's just huge plays. we haven't seen anything like this in decades. >> that's right. chris. we might not see another game like this for a very long time. it was an incredible performance by megatoronto. his effort helped the lions make an improbable comeback. he got him down to the 1 yard. check out matthew. everyone get to the line. with le spike the ball.

he treats everyone and jumps in for the touchdown t.lions win in the shocker 31-30 a. crushing coast for the cowboys. check out bryant he went off and had to be restrained by his teammates. after the game, dez said it was the result of positive hashing. turn to bleacher report.com. the minnesota vikings got off to a quick start. rookie cordero patterson took the opening kickoff 109 yard for a touchdown. >> that broke the previous record of 108 yard. they lost the war to the packers. 49al score 44-31 green bay. nba seventeen believe it or not tips off tomorrow night, a double header with tnt. that's followed by the clippers and lakers at 10:30. guys, we all know halloween is this thursday night.

if the world series ends up going seven games, we have baseball, nba basketball, football and hockey. a quad sports notice. >> that will be an aggressive piece or awesome. or we never get a phone call from my book. >> thanks so much, andy. >> leave the boyfriend alone. >> for now, it's the top of the hour, which means, it's time for the news. [ music playing ] >>. >> as you may have heard the site isn't working the way it's supposed to yet. >> crash the worst obama care glitch yet. absolutely no one able sign up for health care. kathlene sebelius will face cough questions from congress. new accusations the u.s. spied on allies, millions of phone calls intercepted. conflicting reports of what the president knew and when. breaking overnight, conrad

murray the doctor convicted in the death of michael jackson. released early. now he wants his medical license reinstated. does he have a chance? >> your "new day zwarts right now. >> what you need to know. >> nothing, nothing, nothing, nothing matters more than an energized, active and vocal grass roots america. that's how you win elections. >> what you just have to see. >> the next push on the hand cycle to the next push on the wheelchair, all i cared about was finishing. >> this is "new day" with chris cuomo, kate baldwin and mikalah perera. >> welcome back to "new do i." it's monday. 7:00 in the east. new this hour, hillary clinton isn't saying if she is making a run for the white house. i have to tell you, it is looking like it with the series

of speeches. she's not the only one. on the other side of the aisle, ted cruz, bobby jindal on the campaign trail. so the question is obvious, a preview of 2016, question mark, we'll break it down for you. >> then, this is also ahead, singer chris brown tangled yet again, facing new assault charges. he is still on probation for attacking his new girlfriend musician rihanna. could he be facing jail time? we remember the little girl who committed suicide after she was bullied. jose bias, in the case of anthony, he will join us with a preview of the defense. >> there has been another setback t. website's data center crashed sunday. it brought enrollment in all 50 states to a screeching halt. athena jones is following the development for us from the

white house. >> reporter: good morning, chris. this is more bad news when it comes to obama care. the man in charges of fixing the job website says it will be running smoothly by the end of to have. this is another major meltdown raising questions about that. another major stumble for the problem riddled website healthcare.gov. >> it's better today than it was on october 1st. it's a long way from perfect. >> visitors applied sunday and couldn't apply for health care coverage. the vendor for verizon, quote, experienced a failure in a networking component. >> that service connected healthcare.gov to the irs and other databases. the company says they're working to fix the problem. >> what you are seeing here is a gap in innovation and a gap in execution. >> reporter: maked with heck technical issue, healthcare.gov ridiculed on late night tv. >> the site was only designed to

handle six users at a time. >> reporter: "saturday night live" mocking kathlene intelliious. >> considering using our low res website with simple fun and graphics. >> reporter: responsible for overseeing the implement apgs. the pressure isn't letting up. >> she is already as of "saturday night live" last night the laughing stock of america. she has lost veriable credibility. >> so we can make sure we get as many people who want health insurance able to enroll and be able to be covered. >> reporter: the administration says that mandate won't change. >> we're way still early in the process. >> the president promising. >> we got people working overtime 24/7 to boost capacity and address these problems every single day. >> reporter: now, we expect secretary sebelius will face tough questioning before congress on wednesday. that same day the president

travels to boston to promote obama care with a big event there. back to you, kate. >> all right. thanks so much, athena. the white house is facing questions. the "wall street journal" reporting the agency was eaves dropping on some 35 world leaders that ended over the summer after an internal review at the white house. what did president obama know about that program and one targeting germany's angela merkel. cnn angela townssend here. fran, lots to talk about. we say another day another intelligence leak is out there. does this surprise you the combination, we are seeing more and more reports of under surveillance of 35 world leaders, also the president was not briefed on it, at least we have learned. >> you know, every year there is a process by which intelligence priority, collection priorities get set. that's reviewed all the way up to the white house. so whether it's political leadership, terrorism,

counterproliferation. those priorities are well known. specific targets, however, angela merkel's cell phone are not the sort of thing to discuss with the president of the united states. on the other hand, what he gets each morning is finished intelligence, that is a narrative that's written for him. it doesn't tell him specifically where the collection came from. some of it is sort of self-evident. >> on the flipside, would it be not an intelligence gathering going on. they say this is the price of business. the u.s. is gathering the same type of under surveillance that other countries are doing at this time. >> that's right. let ask ourselves when we hear the germans and others out raged, short of shocked this is going on. you don't hear them saying they're not doing precisely the same thing to visiting dignitaries and heads of state when they're in germany or around the world if they have the opportunity. so this is sort of the cost of

doing business. >> with that in mind, angela merckle said this has shaken, severely shaken the relationships of the u.s. and european leaders. is this public posturing or could there be real fallout with our european partners? >> i think there is a special relationship that is well understood around the world 2009 the five 5s. the english speaking countries, where there are agreements that we don't spy on each other's heads of states and that sort of thing. i think this is sort of public outrage to leverage and we have heard now german intelligence officials won't meet with officials and we've got to expect they're going to lock to see if they can't sort of squeeze some concessions from american intelligence officials. >> going forward, what does the white house, should the white house do? there is no indication that the leaks from edward snowden are going to be stopping? >> no, that's right. what we don't know, what we can't see from behind the scenes

is whether or not they went to the germans in advance of the public leak? one would hope you do an audit to understand the damage assessment, what was leaked, what is edward snowden had, so you could at least privately try and get in front of it. >> we'll see. it doesn't seem to be over at least yet. fran, great to see you, thank you so much. covering this story, we will follow it. mikaela. >> all right. thanks so much, kate. breaking news overnight. dr. conrad murray who spent two years in prison for his role in michael jackson's death is a free man. he was sentenced to the maximum four years. under state sanction rules, he is challenging his conviction. >> that will continue in an appeals court. we'll have much more on this story later this hour. a desperate search under way for four inmates after a bold keep from a detention center about an hour south of oklahoma city. four inmates got out through a trapped door above a shower and slid through a pipe leading outside. three of the men were convicted

on various drug charges t. fourth was awaiting a gun charge. charges are pending against a ride operator. they say he tampered with safety devietss a tf vortex ride was ensuspected. >> that ride then malfunctioned, leaving five people injured. he is charged with three counts of felony assault with a deadly weapon. a landmark reopening today near where super storm sandy hit. last october, much of the storm flooded much of the grounds. visitors will be able to tour emily's island t. immigration museum will remain closed while a new electrical system is installed. a team of international researchers find that at least 20 genes play a role in late onset alzheimer's. that's double the number previously thought. the study was the largest ever

genetic analysis conducted on the disease. researchers scanned the dna of about 74,000 older volunteers with and without the disease from 15 countries. this is so amazing because it raises the possibility of a test that could tell us whether we are susceptible to it or not. then they might knowt be able to develop a drug that could prevent it. so this is a really big finding. >> because the knowing winds up spurring what comes next. >> you think of all the millions of people that live with alzheimer's, the families that are affected by it. it's profound. >> the frustration, can you do very little about it. how about a little weather. i say yes. >> why not, right? >> it may be a monday. i hope it means above normal temperatures, like the weekend. we were chilly out there. boston, new york, d.c., seeing above normal temperatures for one day. a little cold front still swinging through, not bringing much in the way of rain. it will bring the temperatures below 10 degrees for the mid-atlantic and northeast.

now, if you are in the southeast, what a different picture. you are seeing above normal temperatures. a beautiful weather. today, 76 degrees. yeah, it is your fall. you guys are lucky. this pattern is going to shift. it will make its way into the northeast. meanwhile the pacific northwest, once again looking at this big system bringing in more cold air and heavy snow. this big system bringing as much as 18 inches of snow into montana, wyoming looking for the snow. the system is big enough. you will see rain in california, a mountain peak looking for a dusting of snow. why does the system matter on the east coast? we will track this guy all throughout the week. by the middle of the wroek, severe weather possible through kansas, notice by halloween, it looks like, yes, some rain, even some gusty conditions, extending a huge chunk of the country. we are talking the mid-west through texas by friday, thursday night in through friday in the mid-atlantic and

northeast. i'm noticed a trend. kids go trick or treating twice now. >> it's saturday. >> multiple costumes. it's a week-long event. >> a lot of candy we need. >> and i am they. if you are having that conversation, you are pointing at me. >> did you have it over the weekend? >> i did. my wife's instagram. >> we'll talk with her. coming up next on "new day." 2016 is a long way off. some are showing that it's never too early to start planting the seed of a presidential campaign. we will show you who already seems to be goering up. >> men in ties talking, never good. plus a miami dolphin subpoenaed in the aaron hernandez murder investigation. we'll tell you what authorities think they're on to. .

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. >> welcome back to "new day." miami dolphin center mike pouncy has been called into the aaron hernandez case. pouncy was served less than an hour after his feel's loss. why the urgency? cnn is live in andover with the latest. good morning. >> reporter: good morning, chris. mike pouncy the center for the miami dolphins leaves massachusetts with a loss on the field and according to "sports illustrated" court paperwork in hand. the magazine reports an hour after the game, he was served with a subpoena to testify in front of the grand jury in

relation to the investigations surrounding aaron hernandez. hernandez the former put a's tight end remains behind bars. he is charged with the murder of odin lloyd, a semi professional football player. hernando pleads not guilty to that and several weapons charges. sources tell cnn a boston grand jury has been hearing evidence allegedly linking hernandez to a separate double murder back in 2012. mike pouncy and aaron hernandez are close friends, they are former teammates here. pouncy has not been charged with a crime. kate. >> all right. am sandra, thanks so much. let's go down to an early dose of presidential politics and an early look at who could run for the white house. yes, it is more than three years away. you know the calendar. some campaigns hit the trail this weekend. they appear to be joking for the position.

cnn's erin mcpike is following the players. >> reporter: good morning. we have been hearing the clintons talk a lot about experience, most of the republicans eyes presidential bids have been focusing on conservative principles. >> that may be a bit of a preview of the 2016 campaign. trips to iowa. multiple speeches. big guns on the campaign stump. a full year before the mid-term elections. the 2016 presidential race is already beginning to take shape with hillary clinton dominating the field on the left and a crew of mostly younger up and coming republicans competing for attention on the right. one of those 42-year-old texas senator ted cruz took the critical state of iowa by storm over the weekend. he hunted pheasant can conservative congressman steve king and fired up the gop faithful. >> nothing, nothing, nothing, matters more than an energized, active and vocal grass roots america. that's how you win elections.

>> reporter: meantime, louisiana governor bobby jindal, who is also 42, left the door opened on his plans. >> i don't know what i'm going to do in 2016. i think it's too early. >> reporter: in new jersey, tough talking gop favorite chris christie at age 51 is a week away from winning a second term as governor of a state that leans far to the left. >> we could stick to our principles and still come together. >> reporter: on tuesday, he'll tour the communities hard hit by super storm sandy a year ago this week a. tragedy that cemented christie's reputation as a bipartisan leader. today, jeb bush will appear in washington with competitor paul ryan. like the bush dynasty on one side t. duo on the other side of the aisle begins to ge up, too. >> ladies and gentlemen, it is my honor to welcome book to virginia, the 47th president of

the united states of america, bill clinton. >> reporter: bill clinton is on a four-day tour of virginia, helping long-time friend terry mccauliffe close the deal in the state governor's race t. former secretary of state and first lady who celebrated her 66th birthday on saturday is starting to look a lot like someone picking up the pace for a presidential campaign with a series of speeches. now, right after giving three speeches in just three days last week, hillary clinton announced, she'll speak again on women's issues friday night in philadelphia and it may seem like it's all hillary, but we can't forget vice president biden. he is laying low, not getting the same attention as clinton. he has been poking around iowa a little bit. it's clear he still got a little skin in the game. kate, chris. >> the best thing is they deny their presidential aspirations until they don't. >> that's correct. we can go from speculation to some real deal information. it's money time. if you have a kid at home. you already know how true this

is we are about to tell you. toddlers are incredibly tech savvy. some real eye openers of what early adapters means. christine romans is here with us. the study is shocking. >> we used to call them cord cutters. people who started with a cord. now they're called the cord nevers. these little kids who have never, ever been tethered to a traditional device. the fastest growing segment is wearing diapers. 38% of children under two are watching shows or use apps. this is according to a study from common sense media. for some idea how powerful this explosion of apps has been. almost as many children have their own tablets as children did two years ago. that's how fast it's growing. it's cutting into family time. as it turns out, 60% of parents say media does not affect the time spent together. some miamilys say you spend time doing pictures, an app together.

it dominates children's mettia, no question t. time spent with the traditional media, dvds, video games, down substantially. replaced by little tim my and little sally on the ipad or other devices, kind alls, phones, playing with apps underage two. >> that's true. when you see that jump that, stat, that jump in how many kids are using it, that will change business. >> unbelievable. >> their next target. >> they're watching the cord cutters and cord nevers. two completely different markets. fastest growing consumers of this media. >> advertisers say they want to get them younger to build brand identity. the rest of us in the media find ways to compete and stay up with the game. but for advertisers, it's getting more and more easy, kids are so young. >> have you seen a kid flipping through the photo library? it's amazing. >> they are presented with something that doesn't have a touch screen.

>> they don't know how to touch it. >> a have a brain app in the house, she will pick up the phone, go on net flicks. she was playing some app the other day, where she was cutting somebody's hair. you ask her a question, she doesn't answer, she's 3-and-a-half. >> did you buy that? >> i don't know. >> and, dad, i need more apps. >> more rare studies filled with great information and it's true. how often does that happen in thanks. coming up on "new day," a 12-year-old girl, you know this story. she has been arrested. one of two girls, accused of bullying another girl to death. well, she hats a lawyer now. she says, the lawyer says she is the one being bullied. who sigh biez. a free man, how did a four-year sentence become a two-year jail stint? more on that ahead. twins. i didn't see them coming.

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get medical help right away if you experience serious allergic reactions such as body rash, trouble with breathing, fast heartbeat, or sweating. flexpen® is insulin delivery my way. covered by most insurance plans, including medicare. ask your health care provider about levemir® flexpen today. >> you are watching "new day" with chris cuomo, kate baldwin and mikaela perrera. >> welcome to "new day." how is jose baez following up his blockbuster defense of casey anthony. we are going to talk to baez live in just a few minutes. plus, singer chris brown in trouble. serious accusations filed i piled on top of beating rihanna. he could face hard time, we'll

take you through it. >> first, let's take you to the problem plagued obama care website. apparently no one in the nation can sign up currently. online enrollment stopped sunday because of a data glitch used by the government health care site to verify people's identity and citizenship. no word on how long it will take to fix that problem. top foreign leaders apparently targets of nsa under surveillance. officials tell the "wall street journal," 35 foreign leaders were yvess dropped on. those officials say president obama was not aware of the problem and some of the monitoring was stopped. the nsa denies the president was told merkel had been, there had been reports the president was told three years ago merkel was being monitored, the nsa denies that. an intense man hunt in oklahoma for four inmates who escaped from a county jail through a shower.

police say the men went through a trapped door and into some crawlway or pipe and out the door. they are thought to still be wearing their orange jump suits. in china, three people are dead, nearly a dozen others are injured after a car plowed into a crowd t. car then apparently burst into flame. security around the square is tight. it is unclear how that car got through or if there was any sort of attack. we will keep an eye on that situation. breaking news overnight, dr. conrad murray released from jail. the los angeles sheriff's office says he was escorted through a back door, he was convicted in 2011 for giving jackson an overdose of the powerful anesthetic propofol. because of california rules, he spent two years in jail, his lawyer says he hopes to get his medical licenses reinstated. let's bring in federal prosecutor sonny, can you

explain to us how he was able, explain the law in california how he was able to get released after two years. >> they get time credit for every day served in california. so a four-84 sentence becomes four years. i know a lot of people feel it was unfair. we are talking about the death of michael jackson. >> that is the law in california. four years evals two years. actually for california, that was extensive. we seen the lindsay lohans and jail overcrowding, people get out in a couple of hours. >> it goes to the length of what the original sentence was,io you are frustrations will be calculated t. reasons what are the chances he gets them back? >> i don't know, i'm sort of and the fence about it. >> you certainly can get tell back, right? >> he may be able to get them back. in california, at lowest, they haven't revoked his license completely. they said, worry going to wait until he exhausts all of his appeal. she appealing his conviction. california is saying, you know what, listen, let's wait to see

what happens and then we may revoke his license, then he's got section as well. texas says, we will revoke your license, he will fight that, too. that was an early revocation, because my appellate process hasn't gone through to its end, i think we've taken informal polls taken. some say, isn't this what rehabilitation is about in this man served his time. why doesn't he have the ability to go back and serve his time. then there are other folks saying, no, no, no, you sort of. if you killed somebody using your medical license, why do you get the right to practice again? so i'm not sure. i don't know which way it's going to go. people are split 50-50 on it. >> he's out of prison now. does he completely have legal troubles other than when we got this license? >> probably. i think it's about whether or not he will be able to practice

medicine again. >> when we issue a sentence what do we have? >> we do. we want to talk about chris brown. he can't get away from trouble. he has another serious issue, he and a body guard facing trouble. a felony assault. how serious is that? does it normally carry jail time or no? >> i will tell you, we are in my neck of the woods, this happened in d.c. when you commit a crime in d.c., you are facing federal prosecutors. d.c. is not a state. it's a district. so federal prosecutors try local crimes as well. he is up against i think some of the best in the business. of course, he also has my good frank mark gerigos, fantastic attorney. i'm sure he will get local council in d.c. very good council. but in d.c., it's really very serious. >> it's all pro barrel. >> if d.c., there could be a significant time. but she on probation. so i think the argument really needs to be, wow, you know, is

that now a violation of his probation? how could it not be? >> i think. so i think so. are you right, chris, how could it not be? he is arrested. he is not supposed to be in any sort of trouble. >> what does that mean? >> basically the california court can say, you can screwing up, i will yank your probation. that is the seriousness. not only could he face jail time in d.c., he could get his probation yanked in los angeles. ly tell you, i think my good friend mark gerigos has an uphill battle. >> how does celebrity play into all this. >> i don't think we would be talking about it if this weren't chris brown. right. i got the alert. early sunday morning, chris brown in trouble again, because there was all that media attention on that issue with rehahn na, we saw the pictures of her face badly beaten. i think society has said, enough is enough. you have an anger management problem. you are violent and you've got

to pay. >> you look at some of the troubles following them already this year. >> yes. >> so it's not just probation. it's not just this thing that happened over the weekend, you look back with the run-ins, likely, that i will take all of that. how much time could he potentially face? >> you know what, i haven't seen the information in terms of what's going on in d.c. we are talking felony assault. >> it's significant. i can't underestimate for everyone how significant and important this is and i'm just surprised. i mean, chris brown, come on. come on. >> and the body guard there. >> come on. you know. it's a shame. sonny, awesome. thank you for laying insight. we appreciate it. coming up next on "new day," the girls accused of bullying a florida girl who later committed suicide, they are getting their day in court. the attorney for one of them will be joining us next. >> are you ready to be inspired? it's monday, you are looking for

motivation. there she is. we want to you meet our friend minda. you heard about the ironmen, the kahonas. she made history. we will tell you how. she joins us on the show. a great, great interview. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

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>> let's go straight over to indra peterson with the forecast and a cold start to the week in the northeast. >> it's going to get better one day. we drop back down again. take a look at the temperatures in boston, new york, philly, d.c. today, finally temperatures a hint above average, notice a cold front is expected to make its way through today, tuesday and wednesday, we are going back

down to almost 10 degrees below normal tuesday and wednesday, feels good in the northeast. in the southeast, what a difference, you start off so chilly. now you have done more than rebound. you seen temperatures go to above normal. atlanta 76. average should be 69 degrees. a beautiful weather in the southeast, eventually, that will spread into the most by the middle of the week a. difference in pattern changes. that going to be the change you may have heard, there is some snow out there. a lot of it. in montana today, as much as 18 inches of snow is possible. those peak elevations went through we'llge. even the peaks in california could see a dusting overnight a. big story there, a light rain kicking through the region. what does it matter? this system will make it across the country. we are looking for severe weather through kansas. be i the end of the weekend, we will be looking at the mid-west through texas, some heavy rain. even with wind out there. eventually into the northeast. the big thing i forgot to ask is

what cuomo was dressed as for halloween. the thing is, i have no idea. so, chris, please help us in here. >> i have no idea who he is. he must have impressive deltoids. no idea who that is. >> thank you, chris. >> no, thank you, indra. the counterattack will be waiting. we want to update you on a story we having following from the beginning. 12-year-old rebecca secretary generalwick, you remember here, she committed suicide we believe after months of relentless bullying. one of the girls accused of driving her to it as a criminal attorney jose baez. he is representing roman. you will remember, baez defended casey anthony in court. he joins us is morning. counsellor, thank you for taking the opportunity. >> good morning, chris. that uchg for having me. >> jose, you said these accusations should be properly on the other girl involved, not

on your client. what are you privy to that's not public that gives you that confidence? >> well, i don't really point the finger here at anyone. what i'm saying is that these are two separate girls, that their actions are completely different and they should be taken that way, but that's not what's being, that's not xa exactly is happening here. they're being bundled together and all of the statements and the actual bullying that has been released be i the sheriff in this case were done by the other co-defendant. the older girl. my client, law enforcement has yet to show one specific, just one specific instance of cyber bullying and that may be, because there aren't any. >> all right, now the hedge on that, according to sheriff, listen, jose, i have been listening to what you are saying. this is terrible. we are talking about kids, one of them is dead. these are very young people. we also understand the enormity of the problem.

that's why we have to have the analysis of the case like any other in some respects. in one way as you say. >> absolutely. >> there is no instance of cyber bullying. >> true. >> that we heard from prosecutors involving your client. however the sheriff says your client is the one in the fight that may have been provoked by the other girl in this situation, that may have been something that greatly hurt the victim in this situation. are you saying that your client is not the girl who was in that fight, that that didn't happen? >> no, we're not don'ting that at all. there was a fight over almost a year ago prior to a year prior to her death. to be able to tie a school yard fight into the reason why someone committed suicide a 84 prior, i just find as a tremendous stretch. we have to remember, these are kids in middle school, who there are middle school fights all the time and to point that out and to pull that out and say, you are now a 12-year-old responsible for the death of your former friend, i think

that's a pretty heavy burden for a 12-year-old child to carry. i have yet to see the connection between the two. >> well, now, to use this idea, something that shows the burden that this child is carrying as well as something that indicates the burn of the sheriff, the department reload a facebook chat involving your client entitled "my secrets." she talks of hating herself. i feel rebecca is dead because of me. if only i can say i'm sorry. what down that makes in terms of the case and is she okay? is she getting help? is her family around her? >> to answer your sec question first, yes, i am immediately upon coming on borksd i had her evaluated by a forensic psychiatrist. we're in the process of getting her treatment. he feels absolutely horrible for what happened to rebecca. you know, this is a child who has been remorseful, that she ever had any disagreements with

her, feels horrible for having a fight with her a 84 prior and, you know, those statements that were released by the sheriff, those are evidence of a grieving child, someone who feels horrible and feels absolutely responsible, doesn't show any aggravated stalking and an intent to cause significant harm to another individual. this is somebody who feels horrible that a friend of hers died. >> well, then, jose, how do you explain the vehements, the certainty of the sheriff who says, this is a case of bullying, this is a case of bullying gone too far. this is a kies of bullying gone too far that resulted in another child's death. it has to stop. and it stops here. >> you know, i can't step in his views and explain his motivations behind it. all i can do is lock at the evidence that's been submitted. i still have yet to see a connection between the two. she -- this rebecca was speccing

to a boy at the time. i know there are romantic rivals that have to do with the other girl and i don't know if this is a situation that happened over a boy or is this a situation that happened with the co-defendant? the evidence is still not been turned over completely to us. but i think what's been submitted so far, including the sworn arrest affidavit, there is absolutely really no connection other than a remorseful child that ties my client specifically to the death of rebecca secretary generalweekend. >> you know the sheriff couldn't disagree with you more. he says you are doing what a defense council does. are you denying everything. that's your job. not here, there are sensitivities involved. he pointed to you, saying my client is being bullied by thesome. do you regret that choice of words given a child was lost to bullying, given how serious it is? >> no, i take issue with a

proefrs after makening an arrest, going out and making the media rounds. law enforcement's job is to simply make an, investigate crimes and make an arrest and turn it over to the pros skourts. this sheriff has decided to take it upon himself to create a crusade and become a public relations machine, for which he is not. everything that he is doing is outside of the scope of his role as a law enforcement officer and to place that burden on a 12-year-old child to parade her mugshot in front of national television and to release her name, all of this is going to cause permanent damage to this girl's development, who as you have mentioned already was emotionally vulnerable, had thoughts of suicide, had other abecause issues. so i men, this is an extroemly vulnerable job for which he knows. he knows this girl's condition and is still going out there parading her as if she is public enemy number one.

i think that is bullying for itself. i will not stand for it. >> let's go to the last question. let's say you are right in terms of her emotional state. she is fragile, j you a child, what about her parents, if it is stabbed exile or otherwise, they now there was bullying going on. it went too far. now a kid is dead. do you understand that there is now a push from the sheriff and others that they should be charged? your thoughts on that? >> taking it no that fantasy land question and say figure they knew and all of these ifs, i would say, yes, i think in locking at cyberbullying, there are responsibilities that parents should take. let's not be mistaken, i heard earlier on your show, on the drive in here that, two-year-olds are now taking tablets and children are now taking electronic devices to a whole new level. first of all, this child, you

know, this choild was your normal average wild who was an a and b student, good if school, from kivendergarten all the way to 7th grade, got nothing but as and bs. so i think they were doing something right. you know, they're not perfect parents, but they were certainly doing something right and iffing willing at those specific instances, i think that's quite a leap in this scenario. in this scenario. now, certainly, there are other parents that require that should be held responsible for what their children are doing online, but not in this case. >> a quick take. how do you feel about the charges against the other child involved, given the facebook message how she didn't care what had happened, the parents saying they knew, it seems like they let some things go. you feel more comfortable with those charges? >> well, you know, some of the evidence has still not come out yet. i have seen one or two posts that seem, that don't seem

right. they, obviously, are in extremely more taste. whether that rises to the level oof a criminal charge, a felony charge, i don't know. i'd have to wait until i saw more of the evidence. >> jose baez, it's early in the process, it stirs up a lot of feelings. we have to find solution. thank you for coming on "new day." >> absolutely, thank you, chris. >> coming up next on "new day," the sensational case of a utah doctor on trial for murdering his wife. his mistress is expected to return. we are live on that case. also a history-making performance and a lesson for everyone. you are not your limitation. meet the woman that didn't let brown stop her from what could be the hardest break in the world. #%tia[

oh, boy, welcome back. if monday's starting a little slow we have a pickup for you, we'll get into this inspiring story about a woman who defied all the odds, finished the most difficult ironman race, the kona race, without her legs. gts' the ultimate good stuff. before we head over it's a couchy story. >> every day we're working to be a better company and to keep our commitments and we made a big commitment to america, bp supports nearly 250,000 jobs here, through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five

years making bp america's largest energy investor. our commitment has never been stronger. >> the story makes much more sense now that we're here at the couch. the good stuff is about people who go beyond for others and this in a different way, amanda's example will help all of us. she is the first female paraathlete to officially complete the ironman world championship in kona, hawaii, the most difficult endurance race you could imagine. the fittest most practiced athletes routinely fail to finish. imagine finishing it without the use of your legs. she joined us, finisher's medal in tow. i asked her if she grasped how amazing this accomplishment is? >> i'm amazed to be here actually and speak with you about my experience. >> did you know, yes, i'm going to get there or was there a little bit of a fantasy until it

happened? >> well my journey didn't start this year. last year i went to kona, i started, but i got pulled off the bike course because i didn't make it in time. >> let me be the whisperer you never listened to your entire life, you've done enough, you're not supposed to finish something like that anyway, it's amazing you got this far. what do you do when you hear that whisper? >> i think the message is just to focus on the now and that's what i did throughout this race. i just focused on every moment, the next stroke, the next push on the hand cycle to the next push on the wheelchair. all i cared about was finishing. >> you swim over two meals. >> yes, 2.4 miles. >> and you have to bike 112 on the hand bike. >> yes. >> then you have to do a marathon in the wheelchair. >> yes. >> how many hours of work? >> during the race? it took me 14 hours and 40 minutes. >> 14 hours of full time all-out?

>> yes. >> what was it in your life that gave you a sense of saying i am not my challenges? i am not just what my limitations are? where do you get that? >> i don't think it's necessarily triathlete that i got that from. i think just having great parents. my parents adopted me when i was a baby, from india, and they also have two children of their own and they adopted my brother from korea, and so they just taught me from an early age that i can be who i want to be. i can be independent. i had to do the same thing my siblings had to do. >> you had polio and that led to paralysis and you wound up being up for adoption and got adopted by this american family. >> yes. >> just alone in that it's. an amazing back story of finding a family and opportunity that maybe you wouldn't have had otherwise. >> definitely pi. think thousands of children are, they die every year from

preventable diseases. in all honest ll lly i wouldn't here today if i hadn't been adopted. surviving in india with polio is very slim. >> you started off in india with polio and paralysis and you wind up the first ever in your category to finish the kona ironman. >> yes. >> i don't think you're sufficiently impressed. >> i don't know if it's about being sufficiently impressed. i think it just hadn't totally quite hit me yet. >> i mean what else is there exactly? what else? >> i mean you're a triathlete, too. we're just sort of hardwired to try to improve upon our last performance, and i think while this may sound boring, after having had the experience last week i started thinking about okay what are the things i could have changed or what could i do better, and what could i do to improve my time. >> what do you want people to take from your success? >> everyone has their first day

in anything and it's just about like setting that goal, making a plan, working hard, having that dedication to want to work that hard to achieve it, because that finish line, no matter what it is, it could be a work project or making dinner for your family, whatever the case may be, it's worth it. >> i love minda, i love her family, oh my goodness. >> troo are you kidding me? true testament to what she's about. she says her accomplishments are not about her, you can find out how she was helped and help other paraathletes like her compete with their own dreams. >> remarkable journey from india to here. it really does make you wonder what is next for her. clearly the answer is the sky is the limit. >> not sufficiently impressed. >> she's not impressed with her arms. you see the size of the biaccepts on hbiceps

on her? she is great. strong. coming up next on "new day" a prison break in oklahoma, four inmates, you see them right there, they bust out, their path to freedom, you ask? the shower. we'll be right back. it's a growing trend in business: do more with less with less energy. hp is helping ups do just that. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. i missed a payment. aw, shoot. shoot! this is bad. no! we're good! this is your first time missing a payment. and you've got the it card, so we won't hike up your apr for paying late. that's great! it is great! thank you. at discover, we treat you like you'd treat you. get the it card with late payment forgiveness.

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-- captions by vitac -- www.vitac.com it's not a secret that we collect information what is happening around the world, so does every intelligence in the world. >> spy game blame. another key ally says they have proof the u.s. spies on them. how will the u.s. handle the allegations? jailbreak, four inmates make

a daring escape, now the all-out manhunt to find them. they are considered armed and dangerous. olympic task, three months until the winter games kick off in russia but new concern this morning, they might not be ready in time. we're live from sochi. >> your "new day" continues right now. >> announcer: what you need to know -- >> got people working overtime, lose capacity and address these problems every single day. >> announcer: what you just have to see. >> this game is over! and the red sox win it, 4-2! >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> welcome back to "new day." it's monday, october 28th. first up, foreign leaders, even allies reportedly under the prying eye of the nsa. "the wall street journal" reports this morning that the

u.s. was eavesdropping on dozens of world leaders, including german chancellor angela merkel. "the journal" says president obama was unaware for years. chief national security correspondent jim sciutto is in washington. good morning, jim. >> good morning, chris. the real question is what did the president know, to what extent and when did it know it? "wall street journal" reporting he was unaware inle this summer. german newspaper saying he knew back in 2010. the white house is reviewing the policy at the direction of the president. to do that the president formed two new groups, his review group on intelligence and communications technology, that's going to look at getting the balance right between privacy concerns and security concerns, a second group going to focus right in on civil liberties, privacy and civil liberties oversight board to give some of the oversight many of the critics in the surveillance was saying they were lacking.

every day there's another revelation about spying including some of our closest allies. the newest edward snowden documents reveal more spying on america's closest allies. in spain, reports the nsa listened in on 60 million phone calls in a single month and in germany the newspaper reports president obama was briefed by nsa chief keith alexander about spying on angela merkel's calls back in 2010, contradicting white house assurances the president was not aware of the extent of the surveillance. the nsa quickly denied the report telling cnn "general alexander did not discuss with president obama in 2010 an alleged foreign intelligence operation involving german chancellor merkel nor has he ever discussed alleged operations involving chancellor merkel." a clear step beyond the white house's willingness up to now to deny president and future monit monitoring. >> i can tell you the president assured the chancellor that the united states is not monitoring

and will not monitor the communications of the chancellor. >> reporter: german intelligence officials are expected to come to the u.s. to challenge their american counterparts on the spying after a german official accused the u.s. of "breaking german law on german soil." but mike rogers defended the nsa surveillance sunday saying it was well-regulated and essential to keeping americans and europeans safe from terrorism. >> i think the bigger news story here would be, candy, if the united states intelligence services weren't trying to collect information that would protect u.s. interests both home and abroad. >> the administration still assessing the damage and their focus now on more revelations to come affecting even more sensitive, secret intelligence sharing relationships, kate, and those can cause even more damage than the ones we've seen so far. >> jim, thank you so much for that. let's bring in fareed zakaria to

speak with us. you had a great show this weekend on this exact topic. angela merkel says the u.s. relationship with european nations has been severely shaken. do those reports that continue to come out, do you think it really is hurting or threatening a relationship with some of our most basic key allies? >> i think it is. look, some of this is you know, what people are calling the claude reins routine, i'm shocked to discover there's gambling going on, spying. spying is the second oldest profession in the world. two things have changed though. one is just the explosion of technology, big data, the ability to find all this stuff and the u.s.'s incredible cutting edge on that, and the second was 9/11, which in a sense freed all the constraints that we have typically felt about collecting this kind of information, particularly from spies because we felt like we need to know everything about everything, and those two forces have, frankly, made us sloppy about this. we should the be, in my opinion,

spying on our closest allies' heads of government. it's one thing to try to find al qaeda sleeper cells in hamburg but you don't need to tap angela merkel's cell phone to figure that out. >> we hear from the administration and members of congress, everyone spies on everyone but does it feel we're in a different place, we're kind of in an uncharted territory here with us? >> it does precisely because of the technologies that make it possible for to you listen to anyone, anywhere at any time and you have to come up with new rules of the road. the united states is often caught in the hypocritical position we're trying to enforce rules for everybody else and we say we can't play by those rules. we have nuclear weapons but we don't want other people to have nuclear weapons. this is a similar thing. the hypocrisy can only happen for so long. you have to be shown you are governed by some set of rules. the administration is doing the right thing, review the policy, get into conversations with the

europeans and come up with some rules of the road. of course they realize everyone spies. they spy on us but i think what they're trying to say is look, even within that, you know, let's have some kind of rules of war, if you will. >> i do want to get your take on peter king, congressman from new york. he had said something pretty interesting on "meet the press" this weekend. he said the administration needs to stop apologizing for the nsa's tactics. you said you think the administration is doing the right thing in reviewing the process. how are they handling the fallout? >> not very well. they're being surprisingly inarticulate about it. they should explain the motivation behind this has been things like terrorism, trying to figure out what's going on. one of the reasons they are is they don't want to get into specifics by articulating something they seem to be conforming and from what i've heard the stuff about merkel's cell phone is a little more complicated and the reports are not accurate. whatever. they've got to come up with a way to stand before the world and say look, this is what we, this is what we do in general terms. this is why we do it.

even if they're reviewing the policy they need to have some general explanation that makes sense of it. if i were them i would list 20 terrorist attacks that were thwarted as a result of this. >> now france and germany are sending over some senior intelligence officials to washington this week to try to have a no spy accord or work on something. is that going to be enough to try to settle the anger or calm the anger and really the outrage that's going felt around the world for this? >> i think it's a good question. at a governmental level, i think we will be able to settle the anger, but clearly, what is happening here is european politicians are responding to a public that has become quite distrustful of the united states, views it as a kind of 800-pound gorilla that's out of control and we need to think about that. american legitimacy, our influence around the world depends in large part on the idea that we are sort of rural based, we observe some of the kind of rules we want other people to observe and that's why

i say we've got to think about, and the rewards here of spying on merkel, you're not learning that much, frankly, that you didn't know, so -- >> not so surprising. >> precisely. the truth of the matter is the level of high policy particularly with democracies most of the time you have a fairly good sense of what the leader is trying to do. if you're trying to find terrorists, that's fine but again i'm not sure how tapping merkel's phone gets you there. >> i think you're presenting many of the questions the administration needs to face now, not later, that's for sure. fareed great to get your perspective. thanks so much. chris? there is a manhunt under way for four escaped inmates, the men are considered armed and dangerous. oklahoma authorities say the mad cap escape from the local jail was something out of "shawshank redemption." george howell is in oklahoma with the latest. good morning, george, what do we know? >> reporter: chris, good morning. what we know those inmates were being held here at this

detention center to be shipped off to a state prison but clearly they have plans of their own, secret plan to literally slip through the cracks. des po desperate search is under way for four inmates after their bold escape sunday morning from this detention center in anadarko, oklahoma, about an hour outside oklahoma city, dylan three irons, prime brown, anthony mendonca, trito triton cheadle. >> we don't know. >> reporter: each man sentenced on charges from burglary to meth possession and parole violation. the details of their spectacular jailbreak read like a film scripts, a real life "shawshank redempti redemption." officials say the men busted

through a maintenance hatch above the shower in the jail. they crawled through a pipe space beneath the roof where the air continuing and plumbing are located, then they knocked out a cement block to get to another room, that took them directly to an unlocked side door, which they simply pushed open to their freedom. >> we got officers checking all the abandoned vehicles and checking residents where we might know they have relatives living, we're doing that right now. >> reporter: the sheriff gene cain says authorities realized the escape after they were tipped off by someone who saw the inmates walking near the courthouse still wearing their orange jumpsuits. >> we started a head count on our priz ners and we did find we got four missing. >> reporter: the men later ditched the jumpsuits which officers found but there is still no sign of the escapees and that has residents worried. >> i hope they're not at my house when i get back. that's all i hope. you just prepare yourself.

i'm a gun owner, i've been all my life. >> reporter: did these men know exactly what they were doing or just get lucky here? certainly that's a question these investigators will be looking into. we understand this detention center was built some two years ago but these maintenance hatches, these doors were supposed to be sealed shut. they weren't. investigators clearly at this point looking into it. they do not have any leads in the case. chris and kate, they're asking anyone with information to call them to help track these men down. >> absolutely. hard to believe they could pull something like this off but clearly they did. george, great to see you. thank you so much. michaela is here with much more of the headlines this morning. >> breaking news overnight, michael jackson's doctor freed from jail after just two years. the l.a. sheriff's office says conrad murray was taken through a back door and whisked away in a sheriff's car to avoid media attention and michael jackson fans. he was convicted in 2011 of involuntary man slaughter in jackson's death. he hopes to get his medical

licenses reinstated so he can once again treat patients. the obama care rollout website hit another snag, a key data center which helps determine eligibility crashed sunday bringing enrollment in all 50 states to a screeching halt. it's likely going to be another issue health and human services secretary kathleen sebelius will need to answer for when she testifies before a house committee wednesday. felony assault charges have been filed against a ride operator at the north carolina state fair. officials say timothy tutterrow tampered with safety devices after it was inspected. the ride malfunctioned leading several people thrown to the ground and injured. he's held on $225,000 bail and due back in court later today. police in lake elsignore, california, answered the age old question why did the chicken cross the road. an officer dressed in a bright yellow chicken suit and officers

monitored to catch unsuspecting drivers who did not stop at the crossing. in total 31 drivers were cited for failing to give way to a pedestrian in a crosswalk which begs the question, if you're not going to stop for a giant chicken in the middle of the road, what are you going to stop for? >> double ticket for that one. >> that's a provocative question you posed there and i have no answer. >> just like the age-old question, why did the chicken cross the road. >> to catch unsuspecting motorists. >> i guess it does have an answer. indra petersons i hope you're satisfied. >> very good. you're not as good as your costume though, chris. the huge system going on in the uk, also portions of europe. we're talking powerful winds, some gusts reported strong as 100 miles per hour. the reason this is so important, if you are traveling east today, this system still making its way through france, and denmark, look for many delays reported at heath row and we're still seeing the ongoing delays.

on the coast oeeast coast, just moderate. tuesday or wednesday we'll go below normal. 50s tomorrow boston, philly but d.c. is good, 63 but still below normal. if you go into the southeast that's where temperatures are above normal. beautiful. it was so chilly for the beginning of your weekend and then finally you quickly rebounded and went past that. 76 degrees today in atlanta, gorgeous for you considering especially that it is fall. where it is not so beautiful that is in the pacific northwest, complete pattern shift here t will start to get warm in the northeast and cool off significantly out into the pacific northwest. we're talking 20, 25 degrees below normal and why not throw in some snow. we're talking heavy amounts of snow, 18 inches possible through montana and wyoming and even rain in southern california so looking for that but more importantly what is everyone watching today? they want to know of course the big game, beautiful 61 degrees. the question is, are any of us up for it tonight?

>> one of us is, john berman. that's why he looks so sleepy today. >> i'm cold cold. grandma is sleeping. >> coming up next on "new day" it's the world series play everyone is talking about, speaking of the weather, was the third baseman obstructing the runner? the controversial call cost the red sox the game. sportsman-like debate is next. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

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♪ put me in coach, i'm ready to play ♪ welcome back to "new day." the chilly october air no match for the heat in this year's world series. everyone is talking about this play, right there, you're seeing

it the stumble, the call at the plate out, no, safe. why? obstruction. that's what happened, wound up losing the red sox the game. understandable, sour grapes, how do you feel. mooi mike salk from weei sports radio in boston and randy kariker host of "the fan lane" on 101 espn in st. louis. randy, mike, thank you both for joining us. >> of course. >> thank you very much for having us. we appreciate it. >> help us understand the rivalry here that means even sports commentators like yourselves shutting be sitting in such close proximity. randy give us background. >> we shouldn't and this goes back generations from the cardinals beating the red sox in the '40s in the world series and of course 1967, and we fell in love with our football team in the late '90s, we had the greatest show on turf and lo and behold it's the new england patriots, mike saltz' new

england patriots that ended the what we had going with spy gate and the 2004 world series, cardinal fans can handle losing, while they don't like losing world series, it's never their fault but the only time they've been swept in a world series in our lifetime was by the boston red sox in 2004. >> i asked not to be seated so close, chris, it's not on me. >> now we get to the big play. do this for me, mike, take us through what the play was in quick fashion and we'll talk about why it's become a controversy. >> well i'll tell you this play is as bizarre as any you'll see in baseball. it's an unbelievable -- first of all an unbelievable play by dustin pedroia at second play. i don't know what happened to jarred saltalamacchia, decided to throw it, shouldn't have

thrown it, the third baseman should have ought caught t didn't catch t lying on the ground and alan craig has to jump over him to go home, even though he is out he's automatically called safe and it's 100% the right call. >> i know both of you guys agree the rule is in the book, it was properly called. here is the question, though, to you, randy, do you make that call at this point of a world series game? it's never about the rule, it's about the application. should this have been called? >> i think there's a couple of things. number one in basketball, and in hockey in playoffs, at the end, officials consciously swallow the whistle, but in this situation number one it was so obvious, if you're a competent umpire you have to call it. umpires don't decide it's the ninth inning of a world series game we'll get away from the spirit and the letter of the law. they just don't do that in

baseball. jim joyce said the other night it was instinctive. you can't just decide i'm not going to call this. >> what is the big complaint? we don't want games decided by r refs or umps. >> in other sports you're right, the umpires sometimes think they're the show. they're not the show. it's about the players but you know what? they prevented a run in this case. it would have been a huge mistake to allow st. louis to not win the game when they clearly deserved it. craig would have scored on the play were it not for what will middlebrooks did. it leads you into the next conversation about intent. was he intending to obstruct the runner and the great thing about the rule is it does not matter. it is incumbent on him to get out of the way. how can he possibly get out of the way, lying on the ground. easy answer, catch the ball. as soon as you failed to catch the ball you are at fault, same thing in hockey, it's the same

thing in football as well. he hit the receiver across the middle in the head, they say hey i didn't mean to hit him in the head. too bad, it's incumbent on you. >> even though the salks wound up winning the last game when they picked off the guy at first base could this have been a pivotal point, could this be the decision that makes a difference in this series? do you think that the st. louis cardinals, randy l now go on to win because of that play because the momentum shifted in some secret baseball way even if they lost the game the following night? >> no, i'm a big devotee of the adage that momentum in baseball is your next day's starting pitcher. i can't imagine a team beating adam wanewright in the series. if the cardinals are going to win the tipping point is going to come tomorrow night or wednesday night in boston. >> i hate to disappoint a proud new york family like yours but i don't think that will be the turning point. game six is usually the fantastic game in a world

series. i would expect we'll see something in that game to trump whatever happened in game three and four. >> for me i don't see this as a story. if the yankees aren't playing, i can't believe anybody is watching the series. i was shocked. no, guys, randy, mike -- >> very typical. >> don't come after me. >> it's only our fourth world series in the last ten years. how many have the yankees been in? >> all right, all right, i can't hear you, we've had a communications problem. randy, mike, good luck in the series, it's great to watch and thanks for joining us on "new day." what do you think, not what they were saying about me, that's completely irrelevant but tweet us with #newday, who do you think will win the series? kate? >> thanks, chris. coming up next an update on the sensational trial of a utah doctor killing his wife to be with his mistress. the mistress is back on the stand today, more on the case coming up. also ahead "black fish" has been drawing quite a lot of intense reaction. we'll take a look at what the

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serving two years of his four-year sentence, convicted of manslaughter in the death of michael jackson. the search is on in oklahoma for four inmates who staged a brazen escape from detention center through a shower. police say the men went through a trapped door and into a crawlway and out of the jail. athe number five the world of music is remembering rock pioneer lou reed, dead at age 71, a founding member of the very well set underground and credited with inspiring countless musicians. we're always updating the five things to know. go to newdaycnn.com for the latest. kate? >> thanks, michaela. let's update you on the trial of martin macneill, accused of drugging his wife, killing her so he could be with his mistress. the jury has heard from that mistress, as well as two of the doctor's daughters. sensational trial. we bring in stephanie elam with the latest. good morning, stephanie.

>> -- daughter of martin and michelle mack ne michelle macneill. >> we met online. >> reporter: she's the reason martin killed his wife may shell, charges macneill denied. they met in 2004 a few years before michelle died. >> did the relationship become sexual? >> it did. >> when was that? >> i think that was in january of 2006. >> and how often were the two of you having sexual relations? >> it was a very casual thing, it was just whenever we had time and it could be arranged. >> okay. >> and it was i think we probably had sex half the time. i mean sometimes it was just lunch. >> reporter: prosecutors argue macneill forced his wife to get an unwanted facelift and then filled her with a lethal concoction of prescription drugs. after she died he rushed to hire gypsy as a nanny.

it became clear there was more to the relationship >> it just was obvious, she's just goo eyed at my dead. >> reporter: the daughter was the first family member to testify against her father. >> he specifically said to me that he was concerned that there would be a police investigation, that he didn't want it to -- anyone to think that he murdered my mother. >> reporter: as for macneill he found it hard to look at his daughter while she struggled through her testimony and this week may not get easier when the jury will hear from his youngest daughter, aida, who was just 6 when her mother died. >> aida was the first one to find her mother in the bathtub and she can talk about exactly what she observed. >> reporter: but she won't exactly testify. instead the jury will see a videotaped interview she gave authorities in september 2008. the judge is allowing for aida to testify through this videotape she did in 2008, she is expected to take the stand

and could be cross-examined by the defense. that would be different than anything we've seen before. chris in. >> all of this is, stephanie. thank you for the reporting this morning. we'll talk about the impact of the 12-year-old, what should happen there or not. joey jackson say legal analyst for hln. great to have you here. >> glad to be here, chris. >> we'll talk about aida in a second. first, gypsy willis, the name alone is provocative. the testimony even more so. the prosecutors want to use her to prove one fundamental point and then to bother the jury. >> absolutely. it's about motivation. chris, you never have to establish motivation to establish the case, jurors want to know, inquiring minds want to know, why would you commit this crime and so if you have a mistress there and someone who he's smitten with, certainly that gives him the motivation to get rid of his wife so he could be with her. >> texts on the day of the murder, going to the funeral of the dead wife, horrible stuff. but proof of a crime?

n >> not proof of the crime but establishment of motive. not only on the day of the death they're texting and calling each other but the day of the funeral, what does that tell you about engaging in this act, getting rid of his wife so he could be with the one he really loved, gypsy. >> of course you have the daughters, family is the last to come forward against somebody. here you have the older daughter impassioned, the 12-year-old. i get it about the sensitivity but if you're going to let the 12-year-old testify, and she saw the body, why can't she testify to what she saw? >> a couple points here. first of all as to the family members, when you have daughters coming forward, let's talk about the adults first and they're saying my dad's guilty, that's powerful because as you mentioned in your question, they're the last people to come forward. now as to the 6-year-old, then 1-year-ol 12-year-old, that's aida.

you have to let her testify but here is what the judge said. the judge said you are so influenced over the years, aida, by your sister, who you're staying with, alexis summers, that she has guarded your testimony, she has made your mind and manipulated you in such a way that it's not going to be not only credible but it's not something we could even allow the jury to hear so we'll hear the videotape and allow the defense to question her on that videotape thereafter. >> savvy conclusion. >> absolutely. i think that look, the judge had to balance the equities here as do you in any trial and the judge said she's important but should we let anything she said after that interview come in, when it was so suggested to her and her mind could have been molded and melded? >> relevance versus prejudice. >> you remember that very well. >> and to not be prejudicial ourselves there was a big point made for the defense as well, where they have the expert witness so vulnerable that he

engaged in this act which was the drowning of her, to cause her death. >> so fascinating, one of the reasons this case is so compelling to follow is it all sounds so terrible but as we saw with that e-mail as bad a person as the prosecutors may display mr. macneill to be doesn't mean they can prove he committed the crime. >> absolutely. the defense will have a lot to say about that. >> absolutely. we'll be following it right here

with you. thank you very much. kate, over to you. coming up next on "new day" the race against time, will russia be ready for the sochi winter olympics? we are heading there to find out. also, you love this on "how i met your mother" host of the emmys and the tonys, neil pa ris harris in studio joining us live, fix yourself up. peace of mind is important when you're running a successful business. so we provide it services you can rely on. with centurylink as your trusted it partner, you'll experience reliable uptime for the network and services you depend on. multi-layered security solutions keep your information safe, and secure. and responsive dedicated support meets your needs, and eases your mind. centurylink. your link to what's next. and better is so easy withrning you cabenefiber.o something better for yourself. fiber that's taste-free, grit-free and dissolves completely.

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welcome back to "new day." there are three months to go but how ready is sochi to host the winter olympics at this point? phil black has the progress report from sochi, russia. good morning, phil. >> reporter: good morning, kate. they've achieved a lot, built a lot. there is so much to do. construction is pretty much working around the clock. the noise, the dust are constant

features of life in this city at the moment. it's not just about building sporting venues. they are trying to relaunch this city, this neglected city, as one that is capable and worthy of hosting an olympics. it's ambitious and that is why these are on track to become the most expensive games in olympic history. from a distance, this olympic park looks close to ready, shining new sports venues finished and tested but look closer, there's still so much to do, top of the list, finish the stadium. it's not hosting any sport but it will be the stage for the opening ceremony. the people directing that spectacle have demanded big changes to the design, including a roof. russia is not famous for its efficiency so delivering all this on time will be a statement to the world. it's one reason why president vladimir putin is taking such a personal interest. dimitri grigori managing the speed skating arena and says putin's regular visits and direct oversight have made a big

difference. >> i'm not going to say why, but it has, believe me. >> reporter: you're seeing things happen? >> yes. >> reporter: sochi's other challenge, overhauling the city's soviet era infrastructure. the skyline is a mess of cranes and partially completed buildings, many of them much needed hotels and then there's the traffic,' appalling. sochi's mayor, anatoli pakamov is firmly on team putin and says somehow it will all be fixed in three months. security is an especially big concern at these games because russia's islamic terrorists have promised to disrupt them and organizers can't even rely on mother nature to deliver the white stuff. it's subtropical here so snowfall is patchy. that's why they're storing vast amounts of last season's snow, just in case. the estimated cost, $50 billion and counting, for all the delays and cost overruns, don't underestimate the power of the

putin factor. the expectation here is that somehow this will all come together, largely because the president is determined to make a statement to the world about the greatness of modern russia, regardless of the cost. back to you, chris. >> the power of the putin. thank you for that, appreciate it this morning. the cnn film "blackfish" is causing the heated debate over the keeping of killing whales in captivity. martin savidge is at the cnn center with more. >> good morning to you, chris. ever since cnn aired "blackfish" thousands have tweeted and signed online petitions to free killer whales in captivity. the film really has stirred controversy and its conjecture that the whales are would to intelligent to keep in captivity. take a listen. the cnn film "blackfish" is taking social media by storm. on facebook and twitter, thousands debate the ethics of keeping killer whales in captivity at aquariums in marine

parks. many say they were stunned by the movie's lgs that mistreatment of some killer whales also known as orcas, may have led to deadly consequences for trainers. after watching this documentary, i can never be happy at sea world again, said one. and another post says heartbreaking to watch the whales in captivity. how can anyone think this is okay? but it's not just the internet. >> it's not fair to the animal that they have to be taken out of their natural environment just so that we can be able to see them and learn about them. >> they're really big fish, kept in small quarters, doesn't seem right. >> reporter: "blackfish" tells the story of dawn brancheault killed in 2010. >> the whale took her under. >> reporter: colin baird believes killer whales should be released in the wild or retired to sea beds. why do you think they're still in captivity? >> well there's dollars to be

made, and they're a big draw for these facilities that have them. >> reporter: it's a business? >> it's a business. >> reporter: sea world declined our request for an interview but did provide a statement saying in part, "the film fails to mention sea world's commitment to the safety of its team members and guests, and to the care and welfare of its animals, as demonstrated by the company's continual refinement and improvement to its killer whale facilities' equipment and procedures." sea world brings around $1.5 billion a year and supporters say millions of visitors are not just entertained but educated and inspired. >> people are having less and less daily encounter with animals and so these kinds of exhibits are teaching people about the wild. if people don't know animals, they won't care about them. >> reporter: in a lot of ways, it is kind of double-edged sword for sea world. in other words, we didn't know

much about killer whales until sea world came along and made the public fall in love with them. now that the public is in love with them, many believe we can no longer hang onto killer whales. chris and kate in. >> martin, it's a complicated subject. really is, big emotions, the film touched on a lot of key points, the debate will continue. thank you for laying it out for us this morning >> sure. coming up next on "new day," he can sing, can he dance, he can act, he can do a whole lot more than we can. neil patrick harris is here to show us what else can he do. can anyone say mmmm-magic? [ male announcer ] this is not just a laptop. they're not usually this thin, this light. ♪ they don't let you touch and draw, not like this. ♪ this is not just a tablet. it has a click in keyboard and microsoft office, ♪ this lets you run your favorite apps next to your favorite apps. ♪

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♪ good music, good monday, and a great guest. you might know neil patrick harris from, oh, any billion of times he's on the stage, we can talk movie roles, hosting awards shows like the tonys or emmys or "how i met your mother" in its final season. if you live in america, people, you know neil patrick harris, he joins us now. season nine. >> indeed. >> and the final one. >> closing it up, closing shop. >> you're closing it up in an interesting way. you do a play-by-play of the days leading up to the wedding? >> sort of, yeah. my character, barney, and robin, the girl he's getting married to, the whole season is happening in the 55 hours leading up to the wedding and simultaneously ted, who is the

protagonist of the show will end up meeting the mother, at the wedding as well. we've met her so it's watching all of these things collide. >> what's it like being part of a show that is such a huge success? >> our show wasn't a giant success, it plugged along really well. we're conveniently on cbs during a time when they needed some comedy, and they didn't move us for all of our nine years we were on monday night and our ratings were okay, "dancing with the stars" would crush us for a while and the voice would come along but he never panicked. because we were at the same place at the same time every week people got used to seeing us there and we developed a smaller fan base and when it starts airing every day on syndication, suddenly you're in people's living rooms more so it's been a great run. >> do you think it's time to wrap it up, do you think it's appropriate? >> i do. nine years say long time. i don't feel like we've jumped the sharp quick and riding on the show is smart and the

structural design of the show is good so lots of good callback stuff and i think it's time to jump on to other things. >> which you have. >> so let's talk about the show that just went, a magic show. is it fair to call it just a magic show, an illusion show, from l.a. to new york? >> you're not going to bury yourself in the ground? >> no, i'm directing the show called "nothing to hide" signature theater, two amazing card magicians, derek del gaud yo and helda giamatis performed at the magic castle, i saw them do the show together. it was wildly successful but in that small world. i had them do it at the playhouse in l.a., broke records and now we're extending it to new york. how it's doing card tricks, about 150 seats. >> they do far better things than that. >> why magic? >> i'm a big fan of like live variety arts. i've always loved it. i love the cirque du soleils,

the david copperfield, i love going out and seeing things. that's why i'm like a proponent of the theater and the tonys because there's a better, more complete experience when you're immersed in something as opposed to just sitting in washington. >> even though magic has seen his old school it remains the one thing that deals with suspension of disbelief. >> as nothing else can, you're right there, you see it happen and can't figure it out, there's no substitute for that. >> when you're watching magic and physically looking right at it and something's devastating in a good way. >> and you are the president of the -- >> he's not just a member. >> i was a junior member of the ama. >> in case you didn't know. >> is that what you're talking about? >> no. >> you went from junior member to president just like that? >> i was on the board of directors for a while and they asked pi to vice president. i said what does that mean? they said nothing but a different tight some the president resigned so i was de

facto president there. >> it's not the magic that makes it interesting it's the politics and the fiduciary responsibility. >> the dictator of -- >> he's got a great show that he's also involved in, there's more, because apparently he doesn't need to sleep at all, has to do with sleep kind of. we'll talk with neil patrick harris after the break about a show you also have to see. we're busy with neil patrick harris projects. i started part-time, now i'm a manager.n. my employer matches my charitable giving. really. i get bonuses even working part-time. where i work, over 400 people are promoted every day. healthcare starting under $40 a month. i got education benefits. i work at walmart. i'm a pharmacist. sales associate. i manage produce. i work in logistics. there's more to walmart than you think. vo: opportunity. that's the real walmart.

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♪ i'm on the edge of glory and i'm hanging -- ♪ singing and dancing on the way back into the second part of our interview. we're back with neil patrick harris. i want to talk about you "sleep no more." explain the concept of sleep no more.

>> i just love the more immer immersive something can be the better the experience. there's a group in london called punch-drunk, did a show "sleep no more" taken a five story place in chelsea and called it in a fictitious hotel, loosely based on "macbeth." everyone in the audience is wearing the same mask and you wander this 100 room hotel and witness people doing, no real talking in t just kind of dance based and each room you can open drawers, read letters and it's dark and twisted and very interesting and so they asked, i'm friends with them and citibank has a new card, the citi thank you card and they have exclusive things you can do if you're card members. they asked if i'd host a might at "sleep no more" so i'll be there, you can get tickets through the citi thank you thing and i welcome you and be part of the show. >> is it different because of

the different doors? >> they run the same track, all the actors, and then you can sometimes they'll pull someone into a different room like a one on one experience that you have and there's so much going on simultaneously, you can't see it in a linear way so it's really exciting. i'm super stoked about it. >> i have a question for you. >> yes. >> mr. three name, you are one of the few three-named people not attached to a homicide. >> ha! yet. >> do you appreciate in yourself how you are one of the rare people in entertainment today that everyone likes. everyone likes what you do, seem to encourage what you do and it's rare. is it something you appreciate or you're moving one step along? >> no, i appreciate it very much, thank you. i've been acting since i was a little kid. >> i was looking for an angle. >> i've been doing this since i was a little kid so i'm anxious and enjoy the longevity of it all. i did noted want to work for a spell and then have to figure out another profession so i've been fortunate in having multiple chapters in a longer

book as it were and so it's been very randomly diverse. i've gotten to do tv shows and award shows and now i'm venturing into movies. i'm in a new david fincher movie. >> i was going to say! it was a great book. >> it's so cool! >> and the infomercial "and there's more! jgs. >> neil patrick harris great to meet you. we'll head it off to poppy harlow in for carol costello, in "the newsroom" this morning. >> good morning. neil pa trtrick harris, huge fa. "newsroom" starts now. -- captions by vitac -- www.vitac.com happening now in "the newsroom," jailbreak, through a shower. >> not for sure they're armed but you got to think they might be. >> reporter: now the national manhunt for these four men who pulled off the